Quote:
ANALYSIS

Despite triumphing in the December 23 election, the People Power Party, lit up by the halo of deposed premier Thaksin Shinawatra, will not find the path to power strewn with roses.Published on January 11, 2008

While the PPP looks set to form a coalition government, the road ahead is full of political landmines that could see the cancellation of its election victory or even its dissolution in the worst-case scenario.

The PPP will not have to wait long as the Supreme Court will today rule on the complaint filed by the New Aspiration Party that the Election Commission (EC) had no authority to organise the advance and absentee balloting on December 15 and 16.

That case will be followed by another for which the high court will, on Tuesday, hold its first hearing on four legal issues concerning the national poll that were raised by Democrat candidate Chaiwat Sinsuwong.

They are: whether the PPP was qualified for the election as a nominee of the disbanded Thai Rak Thai Party; whether People Power leader Samak Sundaravej was qualified to run in the race as the proxy of Thaksin; whether the advance voting was valid; and, whether the distribution - allegedly by PPP candidates in northeastern provinces - of video CDs with Thaksin asking his supporters to vote for the PPP, was illegal.

Another case pending legal process is the lawsuit filed by the EC against the PPP.

It follows the high court's ruling in early December that the PPP was involved in forging the signature of Sithichai Kowsurat as a party member by putting his name on the roster of election candidates.

Based on membership documents supplied by the PPP, the EC disqualified Sithichai as a candidate of the Puea Pandin Party in November for holding double party membership. His candidacy was restored because of the court's verdict.

The EC's reaction to the Sithichai case is not a good sign for the PPP. EC member Sodsri Satayathum has warned that PPP leader Samak would be held accountable and might face criminal charges if the EC finds that he or his party had fabricated membership records.

If the PPP intentionally tampered with its records to influence the election process, this could lead to a judicial review by the Constitution Court, she said, noting the offence is punishable by party dissolution.

The PPP is also staring at possible dissolution on another front.

The EC is about to rule on an election fraud case involving PPP deputy leader Yongyuth Tiyapairat as a party-list candidate for Zone 1, covering northern provinces like Chiang Rai and Chiang Mai.

The crux of the charges concerns his alleged involvement in offering monetary rewards to village headmen and kamnan in his home city of Chiang Rai to sway votes for him and his party.

The PPP could feel the heat in this case because, under the new election rules, a political party is accountable for any campaign offence involving its executive members.

EC chairman Apichart Sukhagganond said recently a ruling against Yongyuth could trigger a series of events that could end with the PPP being disbanded.

The EC chairman claimed, should Yongyuth be found to have committed wrongdoing in his capacity as deputy party leader, the Constitution Court could consider winding the PPP down.

If those cases are already causing headaches for the PPP, there are more.

The Supreme Court will kick off the trial against Thaksin's wife Pojaman on January 23 over her purchase of land in 2003, when Thaksin was prime minister. The Assets Examination Committee has accused them of abuse of power to boost their wealth.

The PPP-led coalition could face a crisis of legitimacy if they are found guilty.

The hearing will take place shortly after the House convenes the first session, scheduled before January 22.

The House session to elect the prime minister, expected to be held by early next month, will be the first parliamentary test for the PPP-led alliance that is about to form the government.

Samak apparently is not the favoured choice of some key members of the PPP and its allies, including Chat Thai, Puea Pandin, Pracharaj, Matchima Thipataya and Ruam Jai Thai Chart Pattana.

As Samak is seen as a fierce opponent of Privy Council President Prem Tinsulanonda - allegedly the man behind the September 2006 coup toppling Thaksin - they are concerned that an attempt to reconcile all sides involved in national conflicts will fail if he becomes the prime minister.

Chat Thai leader Banharn Silapa-archa is reportedly an alternative to Samak, as he has a good relationship with Prem and would be palatable to both pro- and anti-Thaksin camps.

If the PPP still insists on nominating Samak as the new premier, its coalition government could have a short life, as it would face strong resistance from the anti-Thaksin groups.

Weerayut Chokchaimadon - The Nation

Quote:SUPREME COURT
Democrat urged to withdraw plea

Abhisit says appeal to annul poll results filed without party backing Published on January 11, 2008. The Democrat Party has asked a member to withdraw an appeal to the Supreme Court seeking the overturning of the election results.

Democrat leader Abhisit Vejjajiva said the complaint was filed without the party's consent. The party did not agree with the action, he said.

Democrat Buri Ram candidate Chaiwat Sinsuwong argues the People Power Party (PPP) is a nominee of the Thai Rak Thai, a banned political organisation.

Therefore, it was not entitled to contest the election. He argues, too, that party leader Samak Sundaravej is a proxy for former prime minister Thaksin Shinawatra, a banned politician.

Chaiwat's action contends the Election Commission acted wrongly in holding advance balloting, and is seeking the nullification of those votes.

Thirdly, the action argues that the distribution of video discs featuring Thaksin is an offence.

If the PPP is found in breach of election rules it could be dissolved. The court will start hearing the matter on Tuesday.

In spite of the request from Abhisit and his party, Chaiwat said he would not withdraw his complaints and would wait to see how the court ruled in similar complaints lodged by other parties.

Today, the court will commence hearing a complaint from New Aspiration Party spokesman Sarawut Thongpen arguing that advanced balloting was illegal. He is seeking the votes to be ruled invalid.

A ruling is expected next Wednesday on arguments from Northeast activist Thepphanom Siriwithayarak that the Election Commission mismanaged advance voting.

People Power legal expert Yuenyad Jaisamut said Abhisit made the request because he wanted the PPP to be the only defendant. He did not want to accuse the commission of anything. Otherwise, the commission would defend all the allegations, he said.

If advance election results were revoked, it would hurt Democrats, too, he added.

However, the court is expected to ask the PPP and the commission if they agree to the withdrawal of some allegations. The PPP will likely agree to all the allegations being dropped, he said.

Abhisit's announcement yesterday over the litigation was his first political announcement since the death of Her Royal Highness Princess Galyani Vadhana. However, he said he would refrain from "colourful political comment" for a while.

Abhisit said his party was taking a wait-and-see approach before commenting further on the formation of a new government and would not interfere in the negotiations of other parties being sought to bolster a PPP-led coalition.

The election of 40 candidates remains to be endorsed by the commission.

Kesinee Jaikawang, Kornchanok Raksaseri - The Nation

The Democrats have seen that any attempt to dissolve the PPP on their part will have grave repercussions on their next election bid. If they didn't agree or condone the action of their member why did it take them weeks to comment? They have watched the political critics and have decided that it would not be in their best interest not to pursue the court case.